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Thread: Is the EU Patent War over?

  1. #1
    HEXUS webmaster Steve's Avatar
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    Is the EU Patent War over?

    EU-wide software patented was voted out 648 to 14, but Bill Thompson warns that our troubles are not over.
    Software doesn't work like other areas of human endeavour, and a patent system that works well for concrete inventions simply cannot address it adequately.

    And since patents, like other forms of intellectual property law, are supposed to offer a balance between public good and the benefit to the inventor, it's reasonable to say that the public good that comes from patenting software is so small that there is no reason to cut a deal.
    Another in a long line of opinions on the subject. Patent and Intellectual Property issues aren't going to just disappear. They're either going to be done right and drive us forward, or done wrong prove a hindrance for many, including the F/OSS community.
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    Hexus.net Troll Dougal's Avatar
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    Its not going to end.

    Where there's money to be made, there's war.
    Quote Originally Posted by Errr...me
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    Writing software is a skill, just like carpenting and managing a machine. Yes, it takes a good education, but it's all mathematics. You can't patent mathematics, but you own the source code you write. Nobody can copy it, you have copyright. You are protected from people who simply wants to copy you.

    If you "invent" a GUI or an algorithm, it's like painting and mathematics. You can't patent a painting, but you can copyright it. You can't patent formulas or logic, so you shouldn't be able to patent software.

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    The proposed legislation was going to change very little, though it is interesting how much of reaction it is produced. Software patents are issued daily by the European Patent Office and the UK Patent Office, its just that they do not cover software per se, and in my understanding the situation would stay the same.

    The comments above show a rather poetic view of how people write software, granted yes it is creative to an extent, but ultimately it is about achieving a particular goal, making something specific happen. Sure, your code is copyrighted, but what happens when you as in independent or small company come up with a revolutionary new concept in computer software? Copyright means little to any large company like MS, they have the resourses to simply rewrite from scratch and get around it. Yes, you can try and keep your code secret, but often its about what the code can do, and in selling a product the innovation is clear to see.

    The patent system is all about (at least in theory) motivation and reward for those who innovate. Remember the US has software patents, any company which deals on a global scale already has to work with the software patent system or chose not to sell in one of the largest markets. Patents are the ultimate reward for innovation, you only have to be afraid if you are a follower and not a leader.

    Personally, I'm indifferent about it. It wont change my life much either way.

    S.

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    Quote Originally Posted by +Murphy+
    The comments above show a rather poetic view of how people write software, granted yes it is creative to an extent, but ultimately it is about achieving a particular goal, making something specific happen. Sure, your code is copyrighted, but what happens when you as in independent or small company come up with a revolutionary new concept in computer software? Copyright means little to any large company like MS, they have the resourses to simply rewrite from scratch and get around it. Yes, you can try and keep your code secret, but often its about what the code can do, and in selling a product the innovation is clear to see.
    Yeah, but the same goes for an invention in a car. You simply can't patent the steering wheel, it doesn't add any technical height to put a wheel inside a car for steering, although nobody used it before. Just because nobody thought of it doesn't allow you a patent. Patens should be rewarded for an invention, not a new way of doing things.

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